Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Sorted by: old Page 98 of about 13,331 results (0.287 seconds)

Nanda Lal Roy and ors. Vs. Kazi Syed Abdul Aziz and anr.

Court : Kolkata

Reported in : 34Ind.Cas.115

..... other.38. the other main point of law on which the subordinate judge has held against the plaintiff is with regard to the application of section 78 of the transfer of property act.39. that section says: 'where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the ..... without assuming that he had the intention to deceive some one to his own or his son's advantage; nor is there any misrepresentation as defined in section 18 of the contract act, though there is a great deal of misrepresentation in the ordinary sense of the word. the question remains, is there any gross negligence'41. now ..... has now been elevated to the judicial committee of the privy council, cannot be for one moment suspected of ignoring the clear distinction drawn by section 78 of the transfer of property act between the three different kinds of conduct which raise an equity against the prior mortgagee.42. it is true that the english cases which he .....

Tanner Vs. Little

Court : US Supreme Court

..... , and the use of the coupons and tickets as described is authorized and rendered lawful by 3394 of the revised statutes of the united states and the amendments of that section in 1897, july 24, c. 11, 30 stat. 206, and 1902, c. 1371, 32 stat. 714, 715. the adoption of the premium advertising system enables ..... considered logically, may be challenged -- for instance, between sales of stock upon margin or for immediate or future delivery ( otis v. parker, 187 u. s. 606 ); between acts directed against a regularly established dealer and one not so established ( central lumber co. v. south dakota, 226 u. s. 157 ); in an inspection law, between coal mines where ..... a prohibition of the use of the stamps, etc., in any town, city, or county other than that in which they are furnished or sold. violation of the act is made a "gross misdemeanor." the complainants are nineteen in number, counting partnerships as single individuals, and engaged in the business of hardware, cleaning and dyeing, grocery, .....

Badders Vs. United States

Court : US Supreme Court

..... a separate offense, subject to such punishment as it received in this case, it imposes cruel and unusual punishment and excessive fines. these contentions need no extended answer. the overt act of putting a letter into the post office of the united states is a matter that congress may regulate. ex parte jackson, 96 u. s. 727 . whatever the limits to ..... error was indicted for placing letters in the mail for the purpose of executing a scheme to defraud devised by him, in violation of 215 of the criminal code, act of march 4, 1909, c. 321, 35 stat. 1088. there were twelve counts, on seven of which, each relating to a different letter, he was found guilty. he was ..... 240 u. s. 393 mr. justice holmes delivered the opinion of the court. the case is brought to this court from the district court under 238 of the judicial code, act of march 3, 1911, c. 231, 36 stat. 1087, on the ground that it involves the construction and application of the constitution of the united states. the plaintiff in .....

Rast Vs. Van Deman and Lewis Co.

Court : US Supreme Court

..... after stating the limitation upon legislation and the power of classification, the court proceeds to say: "is there a just basis for the classification attempted in this section [ 35] of the act? merchants, etc., all pay a tax according to the value of the stock carried by each, but if they sell goods for which coupons, etc., ..... this case is not concerned with a license tax upon a trading stamp business pure and simple, a license upon companies engaged in such business being provided by another section of the statute. [ footnote 1 ] it is well here to observe, to avoid misunderstanding, that the redemption in the first scheme is " sometimes by the payment ..... other person, firm or corporation who may redeem the same. the license prescribed in this section shall be in addition to other licenses prescribed by this act. any page 240 u. s. 345 person violating any of the provisions of this section, whether acting for himself or as the agent of another, shall, on conviction thereof, be punished by .....

Bhagwat Saran Misir and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1916All196; 35Ind.Cas.167

..... complainant, but a perusal of the judgment also shows that the learned magistrate had not very clearly before his mind the great importance of seeing whether or not the zemindar acted dishonestly. this is not altogether surprising, because it would seem that when the complaint was first made another magistrate had dismissed the complaint upon the ground that the matter ..... to leave him certain fields. the agreement also provided that if the house was not built, then the zemindar should be at liberty to eject the complainant under the tenancy act or in any other way he thought fit. the complainant never built the house, and there were further disputes between them in consequence. the allegation is that the accused ..... the civil court, where he could have got redress if he was entitled to it. this would have been best for all parties. the zemindar seems to have acted on what he supposed to be his rights. it is possible that he was mistaken as to the nature of the latter, but nevertheless he was .....

Johnson Vs. Riddle

Court : US Supreme Court

..... one residence and one business lot at 50 percentum and the remainder of such improved property at 62 1/2 percentum of the appraised market value. the same act contained, in its 15th section (june 28, 1898, c. 517, 30 stat. 500) a provision for the appointment of a town site commission for each of the chickasaw, choctaw, ..... appropriate proceedings in the united states court, require the owner of the improvements to either accept their appraised value or remove the improvements from the lot. the same section provided for the sale of unimproved lots, the purchase money to be deposited with like effect as in the case of improved lots, and authorized the tribes to ..... court of the state of oklahoma syllabus under the provisions relating to town sites in the atoka agreement between the united states and the choctaw and chickasaw tribes (found in act of june 28, 1898, c. 517; 30 stat. 495, 505, 508), the preferential right to purchase improved town lots was conferred upon the owner of "permanent, .....

Palaniandi Chetty and ors. Vs. M.V. Appavu Chettiar and ors.

Court : Chennai

Reported in : 34Ind.Cas.778; (1916)30MLJ565

..... , such proceedings being a suit brought for the express purpose by or on behalf of all the creditors of the transferor.2. the material section re section 53 of the transfer of property act which is as follows: 'every transfer of immovable property made with intent to defraud, prior or subsequent transferees thereof for consideration or co-owners ..... a representative action as there are in permitting a number of actions being brought against the same purchaser. however that may be, the language of section 53 of the transfer of property act, to my mind, is clear that any person who was defrauded, defeated or delayed can impeach the transaction.9. before dealing with the english ..... not see my way to refusing to hear the question argued.8. on the merits the first contention of mr. krishnaswami aiyar was that under section 53 of the transfer of property act, it is not open to anyone of the creditors of the transferor to challenge the validity of the conveyance. he relied on the observations of .....

M.R.P.R.S. Shanmuganatha Chettiar and ors. Vs. K. Srinivasa Aiyar and ...

Court : Chennai

Reported in : 35Ind.Cas.219; (1916)31MLJ138

..... case which is a decision of sadasiva aiyar and spencer, jj., the learned judges (at least sadasiva aiyar, j.) based the decision mainly on the provisions of section 91 of the indian evidence act. the promissory note on which action was brought in that case was inadmissible in evidence as it was an unstamped note. the view taken by the learned judges ..... firm and 2nd defendant firm were found upon a construction of the agreement between them and from other evidence, to be partners in a certain sugar trade. the plaintiff was financing that trade and the arrangement was that the bills drawn either by the 1st defendant firm or the 2nd defendant firm with respect to the sugar shipped by them should ..... , but only to the bill or the note. that is one illustration.6. so far as i am able to see, there is absolutely nothing in the negotiable instruments act to prevent a from promising to pay b's debt or from promising to be jointly liable along with b either as a partner or otherwise, so that in cases .....

Ruttonsi Rowji Vs. the Bombay United Spinning and Weaving Company Ltd.

Court : Mumbai

Reported in : (1917)ILR41Bom518

..... contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms: see section 92 of the indian evidence act, proviso 5.17. the defendants rely upon the custom alleged to avoid the ordinary consequence of a breach of contract for sale of goods according to sample, resulting ..... from the provisions of section 118 of the indian contract act. they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be inconsistent with the provisions of the act.' nor do the plaintiffs, as i understood the argument, contend that .....

Ruttonsey Rowji and ors. Vs. the Bombay United Spinning and Manufactur ...

Court : Mumbai

Reported in : AIR1916Bom4; 37Ind.Cas.271

..... not contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms see section 92 of the indian evidence act, proviso 5.17. the defendants rely upon the custom alleged to avoid the ordinary consequences of a breach of contract for sale of goods according to sample ..... , resulting from the provisions of section 118 of the indian contract act. they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be 'inconsistent with the provisions of the act.' nor do the plaintiffs, as i understood the argument, contend that .....